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NY 896683 April 19, 1994


CLA-2-91:S:N:N8:344 896683

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9102.29.40

Mr. Michael Rodack
MSR Imports, Inc.
6920 Central Highway
Airport Circle Industrial Park
Pennsauken, NJ 08109

RE: The tariff classification and marking of a wrist watch from China.

Dear Mr. Rodack:

In your letter of April 4, 1994, you requested a tariff classification ruling on a wrist watch.

The submitted sample, Stock No. 4142, is a hand-wind analog display wrist watch with a 17 jewel movement in a plastic case with a leather band. A figure of an airplane rotates continuously around the dial.

The applicable subheading for the airplane wrist watch will be 9102.29.40, Harmonized Tariff Schedule of United States (HTS), which provides for Wrist watches...Having over 7 but not over 17 jewels in the movement: With movement valued not over $15 each: with movement measuring over 15.2 mm: Other. The rate of duty will be $2.29 each plus 6% on the case plus 2.8% on the strap, band or bracelet.

We have examined your watch and find that it is not completely in compliance with all of the marking requirements of the U.S. Customs Service.

Watches are required to be marked in accordance with the special marking requirements specified in chapter 91, US. note 4, HTS, and they must be marked to indicate the name of the country of origin as required by section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304).

U. S. note 4, chapter 91, requires that the special markings are to be conspicuously and indelibly marked by cutting, die-sinking, engraving, stamping or mold-marking (either indented or raised).

The special marking requirements for your watches are as follows:

(a) Watch movements shall be marked on one or more of the bridges or top plates to show:

(i) the name of the country of manufacture (of the movement); (ii) the name of the manufacturer or purchaser; and (iii) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings.

(c) Watch cases shall be marked on the inside or the outside of the back to show:

(i) the name of the country of manufacture (of the watch case); and (ii) the name of the manufacturer or purchaser.

For purposes of section 304, the country of origin of a watch is the same as the country of origin of its movement. This marking may be placed on the face of the dial or on the outside surface of the back cover of the watch case. An adhesive sticker may be used for the section 304 marking so long as the sticker is affixed so securely that unless deliberately removed it will remain on the watch while it is in storage or on display and until delivered to the ultimate purchaser. This marking is intended to enable the ultimate purchaser to make an informed purchase decision based on the country of origin.

If the watch strap is made in a country other than the country of the movement, the strap must also be marked to show its country of origin, as required by section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304).

The only marking on your watch is an adhesive sticker on the outside back case cover reading "Made in China." This marking meets the section 304 requirement only, assuming the movement is made in China.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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